HSBC Holding PLC, London V. Dy. Commissioner of Income Tax , International Taxation-1, Hyderabad

ITA 311/Hyd/2020

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 2998 (ITAT-HYDERABAD)
• Duration Of Justice: 11 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-06-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-B
• Assessment Year: 2014-2015
• Appeal Filed On: 22-06-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RAVI KIRAN
• Section: 143(3); 13; 147

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES B : HYDERABAD (THROUGH VIRTUAL CONFERENCE) BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND LAXMI PRASAD SAHU, ACCOUNTANT MEMBER ITA NO S . 309, 3 10, 311, 312 & 313 /H/20 20 A SSESSMENT Y EAR S : 2012 - 13 TO 2016 - 17 HSBC HOLDINGS PLC, LONDON. PAN AACCH 4292A VS. DY. COMMISSIONER OF INCOME - TAX, INTERNATIONAL TAXATION I, HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI AMAN JAIN REVENUE BY: S HRI RAVI KIRAN DATE OF HEARING: 17 /0 6 /2021 DATE OF PRONOUNCEMENT: 17 / 0 6 /2021 O R D E R PER BENCH ALL T H E S E APPEAL S FILED BY THE ASSESSEE FOR AY S 2012 - 13 TO 2016 - 17 ARE DIRECTED AGAINST CIT(A) - 10 , HYDERABADS SEPARATE ORDER S , ALL DATED 14/02/2020 INVOLVING PROCEEDINGS U/S 143(3) RWS 147 OF THE INCOME TAX ACT, 1961 ; IN SHORT THE ACT. 2. WE NOTICE AT THE OUTSET THAT ASSESSEES INSTANT APPEAL S SUFFER FROM 69 DAYS DELAY . TO THIS EFFECT, THE LD. AR OF THE ASSESSEE SUBMITTED THAT DUE TO GLOBAL PANDEMIC OF ITA NO S . 309 TO 313 / H YD/ 20 20 HSBC HOLDINGS PLC, LONDON : - 2 - : COVID 19 AT THE RELEVANT POINT OF TIME, COLLECTING THE PAPERS FROM THE RESPECTIVE OFFICES, CAUSED THE IMPUGNED DELAY IN FILING OF THE INSTANT APPEAL S . CASE L AW COLLECTOR LAND ACQUISITION VS MST. KATIJI & ORS, 1987 AIR 1353 (SC) AND UNIVERSITY OF DELHI VS. UNION OF INDIA, CIVIL APPEAL NO. 9488 & 9489/2019 DATED 17 DECEMBER, 2019, HOLD THAT SUCH A DELAY; SUPPORTED BY COGENT REASONS, DESERVES TO BE CONDONED S O AS TO MAKE WAY FOR THE CAUSE OF SUBSTANTIAL JUSTICE. WE ACCORDINGLY HOLD THAT ASSESSEES IMPUGNED DELAY OF 69 DAYS IN FILING THE APPEALS IS NEITHER INTENTIONAL NOR DELIBERATE BUT DUE TO THE CIRCUMSTANCES BEYOND ITS CONTROL. THE SAME STANDS CONDONED. CA SE S ARE NOW TAKEN UP FOR ADJUDICATION ON MERITS. 3. AT THE OUTSET, THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THAT THE ASSESSEE HAS OPTED TO AVAIL THE BENEFIT UNDER THE DIRECT TAX VIVAD SE VISWAS SCHEME - 2020 IN PRESCRIBED FORM NO.1 & 2 AND RECEIVE D FORM(S) - 3 , AND THEREFORE, REQUESTED THE BENCH TO PERMIT TO WITHDRAW TH E S E APPEAL S OF THE ASSESSEE. 3. HAVING REGARD TO THE FACTS AND CIRCUMSTANCES OF THE CASE, WE ARE INCLINED TO DISMISS THE APPEAL S OF THE ASSESSEE AS WITHDRAWN SINCE THE ASSESS EE HAS PREFERRED TO AVAIL THE VIVAD - SE - VISHWAS SCHEME BY FILING FORM NO.1 & 2 AND RECEIVE D FORM(S) - 3 IN TUNE THERETO , WITH A RIDER THAT IT SHALL BE VERY MUCH OPEN FOR THE ASSESSEE TO FILE FOR REVIVAL OF ITA NO S . 309 TO 313 / H YD/ 20 20 HSBC HOLDINGS PLC, LONDON : - 3 - : TH E S E CASE S , IF THE SETTLEMENT BENEFIT UNDER THE SCH EME IS DENIED TO IT FOR TECHNICAL REASONS. 4 . IN THE RESULT, ASSESSEES APPEAL S ARE DISMISSED IN ABOVE TERMS. PRONOUNCED IN THE OPEN COURT ON 17 TH JUNE , 2021 . SD/ - SD/ - (S . S . GODARA) (L . P . SAHU) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDE RABAD, DATED : 17 TH JUNE , 20 2 1 . KV C OPY TO : 1 HSBC HOLDINGS PLC, 2 ND FLOOR, LODHA EXCELUS, APOLLO MILLS COMPOUND, LOWER PAREL, MUMBAI. 2 DC IT , INTERNATIONAL TAXATION I, AAYKAR BHAWAN, OPP. LB STADIUM, BASHEER BAGH, HYDERABAD . 3 CIT(A) 10 , HYDERABAD 4 CIT (IT & TP) HYDERABAD. 5 ITAT, DR, HYDERABAD 6 GUARD FILE. ITA NO S . 309 TO 313 / H YD/ 20 20 HSBC HOLDINGS PLC, LONDON : - 4 - : S.NO. DETAILS DATE 1 DRAFT DICTATED ON 2 DRAFT PLACED BEFORE AUTHOR 3 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER 5 APPROVED DRAFT COMES TO THE SR. PS/PS 6 KEPT FOR PRONOUNCEMENT 7 FILE SENT TO BENCH CLERK 8 DATE ON WHICH THE FILE GOES TO HEAD CLERK 9 DATE ON WHICH FILE GOES TO A.R. 10 DATE OF DISPATCH OF ORDER